Miscellaneous

Transfer of functions
16
1
This section applies where—
a
a person's death has occurred, or is alleged to have occurred, in connection with the carrying out of functions by a relevant public organisation, and
b
subsequently there is a transfer of those functions, with the result that they are still carried out but no longer by that organisation.
2
In this section “relevant public organisation” means—
a
a department or other body listed in Schedule 1;
b
a corporation that is a servant or agent of the Crown;
c
a police force.
3
Any proceedings instituted against a relevant public organisation after the transfer for an offence under this Act in respect of the person's death are to be instituted against—
a
the relevant public organisation, if any, by which the functions mentioned in subsection (1) are currently carried out;
b
if no such organisation currently carries out the functions, the relevant public organisation by which the functions were last carried out.
This is subject to subsection (4).
4
If an order made by the Secretary of State so provides in relation to a particular transfer of functions, the proceedings referred to in subsection (3) may be instituted, or (if they have already been instituted) may be continued, against—
a
the organisation mentioned in subsection (1), or
b
such relevant public organisation (other than the one mentioned in subsection (1) or the one mentioned in subsection (3)(a) or (b)) as may be specified in the order.
5
If the transfer occurs while proceedings for an offence under this Act in respect of the person's death are in progress against a relevant public organisation, the proceedings are to be continued against—
a
the relevant public organisation, if any, by which the functions mentioned in subsection (1) are carried out as a result of the transfer;
b
if as a result of the transfer no such organisation carries out the functions, the same organisation as before.
This is subject to subsection (6).
6
If an order made by the Secretary of State so provides in relation to a particular transfer of functions, the proceedings referred to in subsection (5) may be continued against—
a
the organisation mentioned in subsection (1), or
b
such relevant public organisation (other than the one mentioned in subsection (1) or the one mentioned in subsection (5)(a) or (b)) as may be specified in the order.
7
An order under subsection (4) or (6) is subject to negative resolution procedure.
S. 16 in force at 6.4.2008 by S.I. 2008/401, art. 2